Blogger arrested, accused of posting 9 unreleased Guns N' Roses songs

[IKnowWhereIAM]

Stealing isn't enough? You have to make a profit?

He took away the artist's (in this case GN'R) right to choose when and how they wanted to premiere the songs.

He gave work, that was not his to give, away for free.





/jarmo
 

I doubt whomever wrote article is a lawyer...of course the 'profit' could be the distinction between a criminal and civil case here.  If Robinhood steals from the rich and gives to the poor, is it a crime - yes, obviously.  In any case 'Robinhood' may not be convicted of his misdemeanor for a lack of 'profit', but he would surely be liable for civil damages due to unauthorized distribution...that would be up to Axl & Friends to determine...and as I said before, I am sure once album breaks out, this will probably be buried/lost in shuffle/slap on wrist.

[norway]

He gave work, that was not his to give, away for free.

But so has many other websites, including this site via the pm-system remember.

On very diferent levels but still...

Stealing isn't enough? You have to make a profit?

He took away the artist's (in this case GN'R) right to choose when and how they wanted to premiere the songs.

Do we know for sure this guy is the leaker? And that is by being the source or if he just was an arrogant uploader/host once leaked?

I certainly don't support what he did at that level but right must be right.

[chineseblues]

Did he steal it?  or just make it readily available?  Thats the question. If they cant prove that he actually stole the music from GNR, then he is innocent.

No it doesn't work like that. He was charged with copyright infringement not theft. There is a difference. What he did was copyright infringement, he did not have the right to post the songs online for the whole world to hear.Therefore he is guilty.

[D]

I don't think the guy should go to jail. Just scare him real good.

[crow316]

No it doesn't work like that. He was charged with copyright infringement not theft. There is a difference. What he did was copyright infringement, he did not have the right to post the songs online for the whole world to hear.Therefore he is guilty.

Not copyright infringement if he didnt gain any profit. He shared information. You cant prove that he knew that the information he had didnt want to be shared.

[Shoco]

what about the people who leaked the other songs long before this, howcome they were never arrested?

[IKnowWhereIAM]

I don't think the guy should go to jail. Just scare him real good.

Lets make him spend 30 minutes alone with Buckethead in 'the coop'...that should do the trick.

[chineseblues]

No it doesn't work like that. He was charged with copyright infringement not theft. There is a difference. What he did was copyright infringement, he did not have the right to post the songs online for the whole world to hear.Therefore he is guilty.

Not copyright infringement if he didnt gain any profit. He shared information. You cant prove that he knew that the information he had didnt want to be shared.

He admitted what he did was was illegal, there is nothing to prove.

[IKnowWhereIAM]

No it doesn't work like that. He was charged with copyright infringement not theft. There is a difference. What he did was copyright infringement, he did not have the right to post the songs online for the whole world to hear.Therefore he is guilty.

Not copyright infringement if he didnt gain any profit. He shared information. You cant prove that he knew that the information he had didnt want to be shared.

He admitted what he did was was illegal, there is nothing to prove.

Sounding like an episode of 'Boston Legal'...

Can I get a 'You can't handle the truth!'   

[FunkyMonkey]

I was surprised by the not guilty plea so I ask an Attorney acquaintance of mine who practices in LA about the plea. 

I was told that a not guilty plea is not surprising at all.  It's standard fare for a criminal case and used to formally contest the charges to give the attorneys a chance to work out a plea bargain.  And that he's already admitted to posting the illegal tracks on his website, so all that's left now is to let the judge sentence him after a trial or see whether he can cut a better deal before then.

Also regarding proving that he did it "for profit"...

He faces three years in federal prison if convicted, and five years if the court finds he posted the songs for commercial gain.

[dub05]

Better oficially announce cd i say asap as if kevin coghill  gets jail time it's not gonna be good publicity for new album.

I find it amazing that that the person (s) that got thier hands on music in the first place get off scott free.

I suppose it just depends on who you are.

[russtcb]

Posted on billboard just now:

Alleged Guns N' Roses Leaker Pleads Innocent
October 21, 2008 , 10:20 AM ET

A man accused of placing unreleased Guns N' Roses songs on the Internet pleaded innocent yesterday (Oct. 20) in Los Angeles federal court.

Kevin Cogill, 27, is charged with violating federal copyright law. No date has been set for the trial, said Thom Mrozek, a spokesman for the U.S. Attorney's Office.

The FBI says that Cogill posted nine tracks from Guns N' Roses' upcoming album "Chinese Democracy" on the Web site antiquiet.com. Cogill was arrested in August at his Los Angeles home and released on bail the same day. He faces three years in federal prison if convicted, and five years if the court finds he posted the songs for commercial gain.

Guns N' Roses said in a statement at the time of the arrest that while it did not condone Coghill's actions, "our interest is in the original source" of the material. Mrozek declined to comment on whether there would be any additional arrests.

"Chinese Democracy" is due Nov. 23 exclusively in Best Buy stores. The project has been delayed multiple times over the years as singer Axl Rose shed all his original bandmates.[/i]

[russtcb]

I'm not quite sure how you plead innocent to something you bragged about doing. Remember? This is the guy that "broke the internet". Dumbass.

[cyllan]

From Music Week (UK music industry weekly magazine)

G 'N' R leak blogger denies breaking copyright laws
16:39 | Tuesday October 21, 2008

The blogger who is alleged to have leaked part of upcoming Guns ?N? Roses album Chinese Democracy has today pleaded not guilty to breaking copyright laws.

Federal Authorities accuse Kevin Cogill of putting nine tracks from the record on his website Antiquiet (www.antiquiet.com)

If convicted, Cogill could face up to three years in jail and potentially more if it is found he has profited from the leak.


Chinese Democracy has been in the making for ten years and has a US release date of November 23. A UK release has not yet been confirmed.

The album will be group?s first in 15 years after a much-changed line up and has reportedly cost over ?6million to produce.

http://www.musicweek.com/story.asp?sectioncode=1&storycode=1035907&c=1

[FunkyMonkey]

Reduced Charges for Guns N' Roses Uploader, Deal in the 'Offing'

By David Kravets
October 30, 2008 | 3:51:19 PM Categories: Crime 

Federal authorities said Thursday they are reducing the criminal charges levied against Kevin Cogill, the Los Angeles man accused of uploading nine pre-leased Guns N' Roses tracks from the band's upcoming Chinese Democracy album.

Los Angeles federal prosecutor Craig Missakian declined to say why the U.S. attorney's office has changed the charges from a felony to misdemeanor, a move limiting Cogill's maximum prison exposure from five years to one.

Cogill's attorney, David Kaloyanides, said prosecutors "decided that a misdemeanor was more appropriate."

On Tuesday, the authorities and Kaloyanides are expected to pick a trial date. However, "A deal may be in the offing," he said.

According to court records, Cogill, who runs the music site antiquiet.com, uploaded nine songs from the 14-track album on June 18. Court records allege he confessed to the FBI. The case was cracked by an investigator with the Recording Industry Association of America, according to court records.

Cogill also faces monetary damages if the band sues him.

The felony Cogill was charged under requires the authorities to prove the distribution of pre-released, commercial material over the internet for financial gain or commercial advantage.

Under the misdemeanor statute, (.pdf) the authorities must prove copyright infringement of the right of performance, distribution or reproduction accomplished for commercial gain or financial advantage. Using the internet is not required and the material does not need to be pre-release.

Chinese Democracy is to debut next month.

http://blog.wired.com/27bstroke6/2008/10/reduced-charges.html

[Verse Chorus Verse]

It's probably been discussed, but does anyone think that these leaks helped force Axl's hand in finally releasing CD?

[Bodhi]

It's probably been discussed, but does anyone think that these leaks helped force Axl's hand in finally releasing CD?

I dont...there was nothing in those leaks besides the demos of If the world and the untitled song that were new....all the other tracks have been available for download in one form or another for the past 8 years...plus the stuff he posted are not even final mixes...Chinese Democracy sounds completely different in its official form....but fuck that guy, he should be in prison anyway...it was dick move...end of story..

[14 Yrs Of Silence]

It's probably been discussed, but does anyone think that these leaks helped force Axl's hand in finally releasing CD?

I dont...there was nothing in those leaks besides the demos of If the world and the untitled song that were new....all the other tracks have been available for download in one form or another for the past 8 years...plus the stuff he posted are not even final mixes...Chinese Democracy sounds completely different in its official form....but fuck that guy, he should be in prison anyway...it was dick move...end of story..

All of the stuff had been available for download for 8 years?  So songs in live version yes, but as far I recall studio demos first leaked in 2006, not counting the Piazza IRS leak.

[Olorin]

No I dont think Axl was forced into doing anything, the word at the start of the year was that Christmas was the best time to release it.

[doooodickiebr]

It's probably been discussed, but does anyone think that these leaks helped force Axl's hand in finally releasing CD?

I dont...there was nothing in those leaks besides the demos of If the world and the untitled song that were new....all the other tracks have been available for download in one form or another for the past 8 years...plus the stuff he posted are not even final mixes...Chinese Democracy sounds completely different in its official form....but fuck that guy, he should be in prison anyway...it was dick move...end of story..

totally agree...what a schmuck.  i'm so glad i didn't listen to the leaks.  i've heard better and street of dreams and of course all the live versions i could get my hand on.  but waiting to hear finalized versions is making the release of cd so much more worth it for me.